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BARRON v. EASTERN ATHLETIC, INC.

2015-08931. Index No. 14784/12.

150 A.D.3d 654 (2017)

2017 NY Slip Op 03469

53 N.Y.S.3d 689

DAVID BARRON et al., Appellants, v. EASTERN ATHLETIC, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 3, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff David Barron (hereinafter the injured plaintiff) allegedly slipped and fell as he entered a shower stall located in the men's locker room of a gym owned and operated by the defendant. The injured plaintiff, and his wife suing derivatively, commenced this action, inter alia, to recover damages for personal injuries. After issue was joined, the defendant moved...

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